Fromme v. O'Donnell
Wisconsin Supreme Court
Appeal from a judgment of' tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover on contract made between tbe defendant and tbe Teme Haute Creosoting Company, and assigned by tbe latter to tbe plaintiff, wbo performed its obligations. Tbe contract is in tbe following words: “Milwaukee, Wis., August 14, 1902. "Mr. James O’Donnell, Milwaukee, Wis.
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Appeal from a judgment of' tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover on contract made between tbe defendant and tbe Teme Haute Creosoting Company, and assigned by tbe latter to tbe plaintiff, wbo performed its obligations. Tbe contract is in tbe following words: “Milwaukee, Wis., August 14, 1902. "Mr. James O’Donnell, Milwaukee, Wis. We propose to furnish you enough creosoted yellow pine blocks of our own manufacture to pare 16tb Street Viaduct (approximately 17,400 yards) for tbe sum of $1.85 per square yard. This includes one inch yellow pine boards…
1Opinion of the CourtMaesiiall, J.
The essential assignments of error refer to whether the trial court correctly construed the contract. If there were error in that, numerous other errors were committed in rejecting evidence offered by appellant, and the final conclusion is erroneous.
It seems that controlling significance was given by the .Learned circuit judge to that feature of the contract indicating that the title to the paving material was to and did pass to appellant upon his accepting the same from the car *532at Milwaukee. It was to be furnished at $1.85 per square yard “F. O. B. cars at Milwaukee, Wis.” Tbe quoted term…
2Cases cited9 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Sewell v. EatonWisconsin Supreme Court · 1858
- Fletcher v. IngramWisconsin Supreme Court · 1879
- McConnell v. HughesWisconsin Supreme Court · 1872
- Pike v. VaughnWisconsin Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Chandler Lumber Co. v. RadkeWisconsin Supreme Court · 1908
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
- State ex rel. Pittsburgh Coal Co. v. PattersonWisconsin Supreme Court · 1909
- Gehl v. Peycke Bros. Commission Co.Wisconsin Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.